Proposition 227 Liability For California Teachers.pdf

Amanda, a California public school teacher, must follow Proposition 227, which requires all instruction to be in English. She uses the preview/review method, teaching vocabulary in students' native language, then in English, and reviewing comprehension in native language. However, Section 320 of Proposition 227 gives parents standing to sue Amanda personally if she fails to teach their child "nearly all" or "overwhelmingly" in English. The statute fails to set a standard for defining these terms, causing uncertainty among educators.

Amanda's school district considers their teaching strategies legally permissible, but the Ninth Circuit's holding in California Teachers Ass'n v. State Board of Education suggests that she could be personally liable for failing to teach her students "nearly all" or "overwhelmingly" in English. To avoid liability, Amanda is forced to forego legitimate, non-English speech while performing her teacher duties.

The parental enforcement provision of Proposition 227 has caused uncertainty among educators, and the State Board of Education has refused to define "nearly all" and "overwhelmingly," giving local school districts flexibility in defining the terms. This has put teachers at risk of being held personally liable for violating a statute with unclear parameters.

In 1999, individual teachers, teacher organizations, and school administrator organizations challenged Proposition 227, claiming that it was facially unconstitutional. The district court held that the statute did not affect any protected speech under the First Amendment, was not vague, and did not violate due process. The Ninth Circuit affirmed the lower court's decision, determining that the parental enforcement provision is not facially vague.

Bilingual education programs provide content area instruction in both languages, while sheltered English immersion programs teach English in a step-by-step fashion, allowing students to enter an English-only classroom once their English skills are proficient. The requirements of Proposition 227 have been challenged, and the court's decision in California Teachers Ass'n v. State Board of Education has been criticized for its flawed application of the vagueness doctrine.